Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-04-28
President Cleveland's Views
on a Territorial
Land Case
"0ur Public Domain is the
National Wealth and
q Heritage Of the
People.
The Northern Pacific Should
Seek Elsewhere for
It's Lieu Lands.
Lost Mines Discovered VIII Dseliss 10
InvestigNte-IadlAns Afflicted with
the Measles - Extensive Mills
Barned = Mark Twain On
General Grant - Rts.

4 GNAEA8A 0Aana naNa
letter frem the Presldena en- q
washinGten Territory Land Case.
WAsEH0roH, April 27.-Ths President
has sent 10 the Secretary Of the Inte-
FioF the foll0wing letter in relation 70
the controversy between Guilfora l..
Miller. satlieF. and q Railroad corpora
ton, involving tAs ownership OF certain
lands;
sExnouzrvn MAxs1oS, wASa1SorOx. I
ApEil Is, 1857.
aDsar Sir III have examined With
much care and Interest the questions
involved in the conflicting claims OF
| 0uilford l. Miller ARd the Northern
/ pablse lands In Washington Territory.
amined and pasasd upon BY several OH
GERS Of the Government, who did nos
agree in their conclusions.
miller claims 10 be settler upon the
land in question, whssa possession dates
from 1873. BE alleges that be hAo made
| substantial improvements npoa this
land and cultivated the same. aud 10 ap-
pears be iled his claim 10 the same an
der the Homestead Law on the 18th Of
December, 1854.
arhs railroad company contend that
the land 10 within the territory or area
| from which Il vas entitled 20 select sneh
quantity OF public land - might be
necessary 10 supply any deficiency that
should be found 20 exist In the specified
land mentioned BY the grant BY the
Government 10 said company 10 aid OF
the construction Of the road, such den
cheney being contemplated as likely TO
arise from the paramount right OF pri-
vate parties and settlers IN the territory
encrseinQ said granted lands; and that
the land in dispute was thus selected by
the company on the 18th day OF Decem
Der, 1883. The tract including this land
vas Withdrawn BY an order Of the In
terror Department from sale and pre-
emptory or homestead sale il antioiPa-
ton of the eonsGruotion Of said rail
road aRd the deficiency in It's granted
lands. In 1880. upon the filing Of the
map Of the definite location Of the road,
the land In controversy aud much more,
xhieh had been 50 Withdrawn, was
found to be outside Of the limits, which
included the granted lands, but its Vith-
drawal and entry under our land laws
was continued upon the theory that i
was within the limits Of the indemnity
lands which might be selected by the
company.
"l'he points in this controversy turned
on the validity and effect Of the With.
drawal aud reservation Of this land aud
the continuance thereof. The Attorney
General is Of the opinioH that such
withdrawal and reservation were At ail
times efeOtual and that they operated
70 prevent Miller from acquiring any
interest In the lands claimed BY him.
With this Interpretation OF the Law and
the former orders and aetiens Of the In
tarisr Departmeat, IL will be seen that
the effect has been the withdrawal and
reservation since 1872 Of thousands, II
not millions, Of acres Of these lands
from the operation Of these land laws OF
the United States, thus placing them
beyond the resch OF our citizens desir-
Ing, under such laws. 10 settle on the
sAne, and this has been done for the
hsnefit Of q railroad company having no
hxsd, certain or definite interests In such
lands. In this manner the beneficial
policy and intention Of the Governments
in relation 10 the public domain have
for all these years 20 that extent been
thwaFtsd.
There seems 10 be no evidence 20
show how much, II any, of this vast
tract ls necessary for the fuihllment OF
the grant to the railroad company; noF
does there appear 20 be any limitation
Of time within which this faet snoold
be made known aud the corporation is
/ Obliged 20 make It's selection. After q
Iapse Of Is years this large body OF pab'
| lio domain is still held in Fessrve 10
the exclusion Of settlers for the oonven-
ience Of q corporation benehciary OF the
/ government and waiting tts aeleosisn,
theugh Il 10 entirely certain thai mach
reserved land can never be honestly
claimed BY said corporation. hueh Q
condition Of public lands shoold ne
longer continae, 80 far as IL 10 the re-
cult Of the executive rule ana methods
these should be abaadoned, and 20 far
a. u is . consequence OF inproviaent
laws these shOald Be repealed or
amended.
"Oar public domain is the national
wealsh ana the interest Of our gFowth
and the heritage Of our people. II
promises limit.ess deveiopment and
riehsu. relief to the cFoWding population
and homes 10 thrift and indastry.
Theae iuessinabls adv sntaaea sheuid be
iaaioasly guarded and q careful and
enliqhtened policy on the part OF the
government should secure them 70 the
peeple. In the case under eonsidera-
lion. assume thai there ta an Aband-
anoe Of Land Wfthia the arsa which haa
been reserved for indemnity 70 which 90
citizen nor settler has legal Interest,
SAGA indemnihoatisn remains 10 this
railroad company II its grant has NOT
besn already satisfied. / understand,
too. that the sections made ~ sacn
corporations are not oompiete oF ef
feetaAi until the same have been ap-
proved By the Secretary OF the Interior
on unless they are made 10 the words Of
, the statute undss his dirseti0n-
sYou havs thas far taken no aoti0n IN
, this matter and Il seems 20 me you are
, IN 4 condition 70 deal with the sabiaoi
| IN gueh a manner a. 10 project this set
tier from hardship AnG loss. ! transmit
, heFswith. papers and a0oameDts relating
10 eassa which we're saomitteo b. me a.
nv rsmness. I suggest that yeu exsf-
oiss the power and aathoTtty yoa havl
Ia the premises upon 81 equitable con
sidefafien With every presumption and
I satsnanens IN fAgss Of the settlers ana
! io case y0u find this corporation u ca
. titled 10 select any more Of these land
than ID has Airsady acquired, that yot
dirscs u 10 select IN lisu u tho land
npou which Mr.. Miller hes settled, 0shel
land within the limits Of this indemnity
, reservation apou whieh. nsithez be nnl
! any other oifiEsn has 10 Resd faith So
tled on - made improvements
Il asll your attention % sectisns ~
ana z&l Of the statutes 81 the D1ttst
states being ths noods Of proesdHr'
vhiah may. perhaps. Be Foeorisd 20 .
necessary for the parpsse 0f reaching
! iasa aad eqaiiabls Disposition Of %
: casa. The Suggestions tbersin contain
: "a san. believe. b. sdopted with0u
disreQardine or calling IN qassiion th
opsnfon of the Attornsy GsnsfA a0ol
= zoe pufelY legal Dropositisns walsh Ger
: ~abuittsd 10 hin Years very ITALY,
GEgvKM CLEgEEAND.
To ths eecsstAFy Of toe ietsftd
WeshingtOa.
: Lssf aisss Disesysrea